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HomeMy WebLinkAbout20241263.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC24-0006, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0017, FOR REMOVAL OF LOT D - SANCHEZ LIVING TRUST, C/O ANTHONY SANCHEZ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 20, 2018, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX18-0017, and WHEREAS, the Board has received a request from the current property owner, Sanchez Living Trust, do Anthony Sanchez, 501 County Road 48, Berthoud, Colorado 80513, represented by Intermill Land Surveying, Inc., 1301 North Cleveland Avenue, Loveland, Colorado 80537, to vacate Lot D of Recorded Exemption, RECX18-0017, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX18-0017; being part of the SE1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No existing easements are affected by this vacation of Lot D of Recorded Exemption, RECX18-0017. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Sanchez Living Trust, do Anthony Sanchez, for Partial Vacation of Four -Lot Recorded Exemption, RECX18-0017, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 4962875 Pages: 1 of 2 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO cc: PL(ER/K 4/ES), ASR(5(,), APPL.,AM. .REP. 06/04 (2-4 2024-1263 RECX18-0017 PARTIAL VACATION, VAC24-0006, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0017, FOR REMOVAL OF LOT D - SANCHEZ LIVING TRUST, C/O ANTHONY SANCHEZ PAGE 2 1 As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Any easement created by dedication on the original plat for Recorded Exemption, RECX18-0017, and not vacated herein, shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT ATTEST: c,".e )%4 Weld County Clerk to the Board By:C.4ra'. . bauteO_ Deputy Clerk to the Board APP: a QED A County Attorney 51Z4 Date of signature: 7-4 tu 4962875 Pages: 2 of 2 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 11 ��«k'rC1J�l�M'G+l'li�rh BI II 7� o Kevin - oss, Chair Perry L. Bu Pro-Tem on Saine 2024-1263 RECX18-0017 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject: Partial Vacation of RECX18-0017 Hearing Date: May 20, 2024 Owners: Sanchez Living Trust c/o Anthony Sanchez 501 CR 48, Berthoud CO 80513 Representative: Intermill Land Surveying, Inc. c/o Steve Stencel 1301 N. Cleveland Ave, Loveland CO 80537 Legal Description: Lot D of Recorded Exemption RECX18-0017; being a part of the SE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 48; West of and adjacent to CR 3 Parcel Number: 1061-06-4-00-033 Total Parcel Size: +/- 140.45 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the Four -Lot Recorded Exemption RECX18- 0017, recorded March 27, 2019, reception #4476726. This partial vacation of Lot D of RECX18-0017 would result in an approximately 140.45 acre unplatted parcel. Lots A, B & C of RECX18-0017 are not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2024-1263 Vacation of Lot D of RECX18-0017 I Sanchez Page 1 of 2 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot D of RECX18-0017 I Sanchez Page 2 of 2 To Whom it May Concern, I/We Sanchez Living Trust - Anthony L. Sanchez as Trustee (Name of Property Owner) are writing to request the (complete (Circle one (Insert Lot Designation) vacation of Lot D of Recorded Exemption No. 1061-06-4 RECX18-0017 /971 th r3Ai t: O Agent (Insert Recorded Exemption number) Date Print: Owner or Authorized Agent Date gnature: Owner o Authorized gent Signature: Owner or Authorized Agent 01/24 5 VACATION OF LOT D OF RECORDED EXEMPTION NO. 1061-06-4 RECX18-0017 rawNsPP, NO RTIT naNar5ewrsr urN nuuiv n�wrin si it Orc ..O. 3-E / / �hi.e or/eeryoo�ron� a.eroxn. x..nw rex.er° N90.00'00, n i/6. Lafig, (5aaa u.i..e a»�Icm .. • •.. w.i.l LOT O OE 0.EO0.0E0 EXEMPTION NO. 1!161-6�< 0.ECX35-001J cO or rn1 eoaPo or couNiv cowumsioucas OForiioXcouNr. 264x.15' (R) qaJ "2.c.!,"7= .ua�+n x.mn.r eeieme m�.e ni/ t/xoM . �n. nwwu..i x.ie �. inn.. 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M�wl.m�oMta. ca.r.a.. min.lwas�`"nmuM v.,m mmt mF.Lwrew�...I.M.. o<MMr M�tmtr�...�mw.a.vin.... a 42.1-2.421113:04-71E-74.7,-- e�e an. RrapYm NnmWee G XY. CcknNa P.cMeen myare bmmNNlmmF mem �aM' eri m n we.�ww.amneeap. Fem eaapm.al. peneL WaerIEFNo. aM1rw.. eM1mlm voew. m'a..ce-eaaswlWaepxeeeM.n .emLpp�as- rmu. bmalel lean eaT �m Fr.em9. erm clan eumtg Mv. r..I en.b. U F poaWl.na CnMMmMr eeM1N.MYwbIM PmM1aean ann M1mr'.Me1mM, SM. J —I Zq SANDNEE-REDOROE0 EXEMPTION NG 1061 06-. REMCIB-00,1 Notice Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered on the Consent Agenda of the Weld County Board of Commissioners and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda by action of the Board, with said public hearing to be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified below. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: May 20, 2024 Hearing Time: 9:00 a.m. Applicant: Sanchez Living Trust c/o Anthony Sanchez 501 County Road 48 Berthoud, Colorado 80513 Request: Partial Vacation, VAC24-0006, of Four -Lot Recorded Exemption, RECX18-0017, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX18-0017, being part of the SE1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 48; west of and adjacent to County Road 3 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 8, 2024 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX18-0017 Owner SANCHEZ LIVING TRUST C/O ANTHONLY SANCHEZ MANUEL CATANO-TENA AND SELENE MOLINA THOMAS REYNOLDS ATTN: STEVE STENCEL INTERMILL LAND SURVEYING, INC Address 501 COUNTY ROAD 48 23153 COUNTY ROAD 3 11245 XAVIER DRIVE 1301 NORTH CLEVELAND AVENUE City BERTHOUD State Zip CO 80513-9134 LOVELAND CO WESTMINSTER CO LOVELAND 80537-8208 80031-7802 CO 80537 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX18-0017, in the United States Mail, postage prepaid First Class Mail as listed above. a a a rl ru Dated the 8th day of May, 2024. . uJA,t wZk Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mall Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fe ps $ • s too An 44eth ate, ZI �� otoOno ft 51$ Postmark Here rum PS Form 3800, April 2015 PSN 7530-02-000-9047 a) a) co C1 2 ❑❑ 0 E C 0 CO w > %.12 0 so 73 L ctz N W -D CA C) N i 0 .Q > So - O -D L • �co E 2 U 0 tCS N „; E a r= co II; °w cn 0 5- t 14=- E E ,a? C U U L Zs so ec Q. A c E- �o o U n 0 Q • • • 4Ni N) cf( pe)-4 r l ts. Q vy..) a) U U) C) CC O O U U a) O � 4545 ��maa, - _ •i Cn (n CJ C3 i. O g �'� C C N a.car) mow(7led ❑❑❑ ❑D cn (c a) so a) a) cc 2e 1 a) zis= -- Q 0UUU ! cri❑❑❑❑❑C N a O CI a a lI MO O Cr rR a Domestic Return Receipt co 0 rn 0 0 0 z a-. O 0 T CO CO u_ a. 0 a I' II C7 1-9 - U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.co'n I Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery C1 Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees ManujctC0a4DtnOs r. Sent T5c l N O Etci ftVo52r. PBox No. Mb [i flan, City, tate, ZIP+4 ' t I.A4s 5(c3 Postmark Here en tx, RoAd 3 S 0531 a S z�8 PS Form 3800, April 2015 PSN 7530-02-000-9047 c7 -o as c\ T E d) a) a. O U I (C!) e 4.3 O L LI .13 -a (0 so CU O -w+ a I O O 4-0 D CD O C a) U cti U a) 4-3 ..Y Cu O O 4-3 U) as • co z Do 0 0 CO co CD O a) 13 73 -0 u- cU v a, C a) a w tliPePs'Nftkti sk See Reverse for Instructions I- 0 O (I) ai a; as 1: cc EEV W •Fci C G > 2 VU° :n U) O cif cif -c ._ orn8.?ccN '% O O .0) iO o: cc a co n cc DOD OD N O Q a L m H as Es c U*Co i r-. It (i) << OOO. cr.DD DOD! a U a O 9- 4-3 O 1. Article Addressed to: a) t CV C) 0 N O —a)a) C000== v--0 0 �o ttwna O O O 0 a) 0 a) U .c o a) C N U — a D a D a r1 a N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 S CI a D r-i r-1 CI SENDER: COMPLETE THIS SECTION a) U, 411) w T3 CD Q ❑a C. Date of Delivery CC cd o O }z OD 0 a L 13 cU a, a) 13 aa)) W ›- 4- 6 13C) M �• t- o C C O }, O O cn w coas Q2 CC U E X c� —d v= w= .≥ u.i2 c a) 0 O •a.o -qa VUC3 get -. E.). Tii 42 15 .� TA � r r.4-' oa.6..cc '_. O O O .' 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Article Number (Transfer from service label) a) 0 a) U N cc —In cr CI a l- I- a a D u r-1 ru Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com-. gmar F Yr',nl Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees S m-ctStr et aAk 0 N or Box No. cr 4A- 4 PS Form 3800, April 2015 PSN 7530-02-000-9047 sip Postmark Here N D cr D D D CJ a Ian r9 C7 N U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'`. ckt S E Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) El Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) Certified Mail Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total P sta a and Fees S4-eoe SlaW 51s ccl Postmark Here flks'rs./U Lid Srv�-J nq 41/AG SleSabd i t. Citd S 4 ofiCkelTekielt PS Form 3800, April 2015 PSN 7530-02.000-9047 12 C) i 0 o -C a o� M Nas c U 2 13 N Cl L 5 U cj U i 0O4, C E' --FC -�- O OO..cn MI • .. a) O a) O O (13 4— a) Z3 2 13 cdrni�> 00 13 70 1- m o S C a) c W a a) U Y a) cc F- c C O O fe E E 1 > C C U U O O a) �•.� O a c u) -c a) Oa).�.�a) 2ccccow nm ODD ❑❑ s - U) a)cc ma" tri(SS c .5 c o 10 +• «- a) �3 ODD a11/4,0 UU a" a) 0 O a) cc U O > > OO O O N Q E 4-4 Off= SC E U Csa. ® 0) U Q 0 g CCS U O (n'.- c30 Q o • Q • <t re —a 1.�0_3 9590 9402 8258 3094 6625 11 C ■ N a sis a D a D N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Ua QA -01 c,L u I II 17,4 Signature Date Property Owners Within 500 Feet of Parcel # 106106400033 Account Parcel Owner Mailing Address R4697307 106105200022 MERINO CONSERVATION GROUP LLC 5638 RIDGEWAY DR FORT COLLINS, CO 805288930 R4697407 106105300023 FOSS KEVIN M R4697407 106105300023 MANNIX LORETTA L 23370 COUNTY ROAD 3 LOVELAND, CO 805378201 R8973400 106105300042 CLARK BRUCE E 23012 COUNTY ROAD 3 BERTHOUD, CO 805139141 R6777365 106105301001 LOVELAND PEAKS LLC 5638 RIDGEWAY DR FORT COLLINS, CO 805288930 R6777366 106105301002 LOVELAND PEAKS LLC 5638 RIDGEWAY DR FORT COLLINS, CO 805288930 R6777373 106105301009 LOVELAND PEAKS LLC 5638 RIDGEWAY DR FORT COLLINS, CO 805288930 R6777374 106105301999 TWIN VIEW ESTATES HOMEOWNERS ASSOC 2219 SMALLWOOD DR FORT COLLINS, CO 805288522 R4697507 106105400024 TWIN VIEW ESTATES LLC 5638 RIDGEWAY DR FORT COLLINS, CO 805288930 Parcels: 35 Owner Records: 45 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. L.) CV) )w ► Lk - I --t,4Signature I ! l Date Property Owners Within 500 Feet of Parcel # 106106400033 Account Parcel Owner Mailing Address R0568801 106106000008 ZULAUF ELIZABETH R0568801 106106000008 ZULAUF JOHN 23491 COUNTY ROAD 3 LOVELAND, CO 805378218 R0568901 106106000009 BAIRD BRAD P 23481 COUNTY ROAD 3 LOVELAND, CO 805378218 R4658386 106106000025 MAYO DAVID W 23226 COUNTY ROAD 1 BERTHOUD, CO 805139114 R4658586 106106000028 TMSJ FARMS LLC 645 ESTES ST LAKEWOOD, CO 802155412 R4659786 106106000052 MAYO DAVID W 23226 COUNTY ROAD 1 BERTHOUD, CO 805139114 R0225588 106106000060 SCHECK ARIANA J R0225588 106106000060 SCHECK CHARLES C JR 23100 COUNTY ROAD 1 BERTHOUD, CO 805139114 R0112692 106106000071 MAYO DAVID W 23226 COUNTY ROAD 1 BERTHOUD, CO 805139114 Parcels: 35 Owner Records: 45 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. G,h[pgnt.J 1 tk- u"I 1, I Signature Date Property Owners Within 500 Feet of Parcel # 106106400033 Account Parcel Owner Mailing Address R8970263 106106100002 SANCHEZ LIVING TRUST 501 COUNTY ROAD 48 BERTHOUD, CO 805139134 R3248704 106106100007 SANCHEZ PORTERS CO 501 COUNTY ROAD 48 BERTHOUD, CO 805139134 R4229206 106106100009 SCHRAGE LIVING TRUST 23505 COUNTY ROAD 3 LOVELAND, CO 805378218 R6784526 106106102004 MOMMER RACHEL J R6784526 106106102004 SCHAVE KENNETH G III 844 SCHRAGE WAY LOVELAND, CO 805378203 R6784528 106106102006 MEADOWS ESTATES HOMEOWNERS ASSOCIATION 23505 COUNTY ROAD 3 LOVELAND, CO 805378218 R7061198 106106300083 LONGMORE DIANA M R7061198 106106300083 LONGMORE DAVID N 371 COUNTY ROAD 48 BERTHOUD, CO 805139134 R7061298 106106300084 POWERLL TYREL J Parcels: 35 Owner Records: 45 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. IA) CIA O.41, 4I ( l I Signature Date Property Owners Within 500 Feet of Parcel # 106106400033 Account Parcel Owner Mailing Address R7061298 106106300084 COCHRAN-POWELL MEGAN S 1506 AVONDALE DR LOVELAND, CO 805382019 R6777236 106106400020 PTASZEK FAMILY 2003 REV TRUST 23415 COUNTY ROAD 3 LOVELAND, CO 805378218 R6777237 106106400021 RYAN FAMILY 2005 TRUST 23369 COUNTY ROAD 3 LOVELAND, CO 805378201 R6777239 106106400022 R8960065 106106400030 Lb -F P P-11) 0U)ler in4rrret4'l)n ava l table, R8960066 106106400031 bi REYNOLDS THOMAS C 11245 XAVIER DR WESTMINSTER, CO 800317802 R8960067 106106400032 MOLINA SELENE R8960067 106106400032 �+ 1 W04v CATANO-TENA MANUEL H 23153 COUNTY ROAD 3 LOVELAND, CO 805378208 R8960068 106106400033 b4" -7 SANCHEZ LIVING TRUST 501 COUNTY ROAD 48 BERTHOUD, CO 805139134 Parcels: 35 Owner Records: 45 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. JOuq 1,0014.1,01 al I -11 n , f Signature Date Property Owners Within 500 Feet of Parcel # 106106400033 Account Parcel Owner Mailing Address R4660986 106107000002 SHEA JAMES K R4660986 106107000002 SWANSON HELEN ELIZABETH CARLSON R4660986 106107000002 SHEA FAMILY PROPERTIES LLLP ETAL C/O JAMES SHEA 438 MEADOWS WAY GRAND JUNCTION, CO 815072525 R7257197 106107100069 BROWN JENNIFER A R7257197 106107100069 BROWN MATTHEW R 506 COUNTY ROAD 48 BERTHOUD, CO 805139135 R7257297 106107100070 TRI-STATE GENERATION & TRANSMISSION 1100 W 116TH AVE WESTMINSTER, CO 802342814 R0545401 106108000046 JONES JOSHUA J 22888 COUNTY ROAD 3 BERTHOUD, CO 805139145 R0545601 106108000048 LITTLE THOMPSON WATER DISTRICT 835 E STATE HIGHWAY 56 BERTHOUD, CO 805139237 R8973401 106108200043 JONES JOSHUA J 22888 COUNTY ROAD 3 BERTHOUD, CO 805139145 Parcels: 35 Owner Records: 45 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2024 4:23:51 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 106106400033 <_)CLVI CL)aAUrW gin I Zi-4 Signature Date 42nd Sinn( I 7 p NNIPIIMas AIP L'IGHWAYa60 III. ....tr....a...7: .... xfrit #:_ -1 sk, lair J 60 r• i1 i Parcels: 35 Owner Records: 45 Page 6 of 6 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: LOT D RECORDED EXEMPTION 1061-06-4 RECX18-0017 6 T4 R 68 ❑ Complete Vacation (must include all lots) ® Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements D 106106400033 140.45 PROPERTY OWNERS) (Attach additional sheets if necessary.) Name: Sanchez Living Trust - Anthony Sanchez Company: Phone #: 970-690-6955 Email: tonyandword@hotmail.com Street Address: 501 Weld County Road 48 City/State/Zip Code: Berthoud, Colorado 80513 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: stave stencei Company: lntermill Land Surveying, Inc. Phone #: 970-669-0516 Email: steve@intermill.net Street Address: 1301 North Cleveland Avenue City/State/Zip Code: Loveland, Colorado 80537 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption: or su • on e`u 3'z -zq Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -t-il C3/ac- Print Owner or Abut prized Agent Print: Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), Sanchez Living Trust -Anthony Sanchez give permission to Steve Stencel (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 106106400033 Legal Description: Lot D Rec. Ex. RECX18-0017 of Section 6 , Township 4 N, Range 68 W Subdivision Name: Lot Block Property Owners Information: Address: 501 Weld County Road 48, Berthoud, Colorado 80513 Phone: 970690-6955 E-mail; tonyandword@hotmail.com Authorized Agent/Applicant Contact Information: Address: 1301 North Cleveland Avenue, Loveland, Colorado 80537 Phone: 970-669-0516 E -Mail: steve@intermill.net Correspondence to be sent to: Owner ja Authorized Agent/Applicant a by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this docympnt, that t}le informationnstated above is true and correct to the best of my (our) knowledge. Date3`2, Owner Signature Owner Signature Date Subscribed and sworn to before me this day of )17\ 61/A..), , 20 u t by My commission expires 7/,95),9t3 y MICHELLE L. EVENS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964005734 MY COMMISSION EXPIRES 7-25-2024 Notary Public The SANCHEZ LIVING TRUST prepared for ANTHONY L. SANCHEZ and LORI K. SANCHEZ STONE LAW, LLC. Attorneys at Law 430 E 6th Street Loveland, Colorado 80537 970/663-2121 © Stone Law, LLC. All Rights Reserved SANCHEZ LIVING TRUST Table of Contents Article One Trust Creation 1-1 Article Two The Trust Estate 2-1 Article Three Appointment of Trustees. 3-1 Article Four Seniors' Lifetime Rights 4-1 Article Five Administration at Death of First Senior 5-1 Article Six Specific Distributions of Trust Property 6-1 Article Seven Allocation to Survivor's Trust. 7-1 Article Eight The Survivor's Trust. $-1 Article Nine The Decedent's Trust 9-1 Article Ten Common Pot Trust 10-1 Article Eleven Division and Distribution of Trust Property 11-1 Article Twelve Distribution If No Designated Beneficiaries. 12-1 Article Thirteen Trustee Administration 13-1 Article Fourteen Trustee Investment Powers 14-1 Article Fifteen General Provisions. 15-1 SANCHEZ LIVING TRUST Article One Trust Creation 1. Parties to Our Trust This trust agreement dated July 13, 2021 is made between ANTHONY L. SANCHEZ, the husband Settlor, also known as Anthony Larry Sanchez, and LORI K. SANCHEZ, the wife Settlor, also known as Lori Kay Sanchez, and the following initial Trustees: ANTHONY L. SANCHEZ and LORI K. SANCHEZ 2. Name of Our Trust This trust may be referred to as the: SANCHEZ LIVING TRUST, dated July 13, 2021 The formal name of our trust and the designation to be used for the transfer of title to the name of our trust is: ANTHONY L. SANCHEZ or LORI K. SANCHEZ, trustees, or their successors in trust under the SANCHEZ LIVING TRUST, dated July 13, 2021. 3. Revocable Living Trust Our Trust is a revocable living trust. 4. Settlors as Trustees Unless otherwise provided in this trust agreement, when either one of us is serving as Trustee under this trust, that Trustee may conduct business and act on behalf of our trust without the consent of any other Trustee. 5. Our Family The name(s) and birth date(s) of our children are: Child's Name MARK A. SANCHEZ JULIE S. WELLS CHERA L. LEWIS 1-1 Child's Birthdate December 19, 1967 February 21, 1970 March 27, 1975 MELISSA M. FISHER August 27, 1977 All references to our children in this instrument are to these children and any children subsequently born to or adopted by us. XAVIAR FELIX shall be included as our Grandchild regardless of his adoption status. 1-2 We have executed this agreement on the date set forth on the first page of this agreement. We certify that we have read our foregoing revocable living trust agreement and that it correctly states the terms and conditions under which our trust property is to be held, managed and disposed of by our Trustee. We approve this revocable living trust in all iqulars and reque o T ri sZtee to execute it. LORI K. SANCHEZ, Settle) ONY L. SANCHEZ. Trustee LORI K. SANCHEZ, Trustee_) STATE OF COLORADO SS COUNTY OF LARIMER The foregoing instrument was acknowledged before me this July 13, 2021 by ANTHONY L. SANCHEZ and LORI K. SANCHEZ, Settlors. CD -1) Notary Public W yy Commission Expires STATE OF COLORADO ) SS COUNTY OF LARIMER ) NOTARY P,DLIC STATE The foregoing instrument was acknowledged before me this July 13, 2021 by 1THONY L. SANCHEZ and LORI K. SANCHEZ, Trustees. 1 Nary Public 10.2-3 Commission Expires 15-6 Weld County Treasurer Statement of Taxes Due Account Number R8960068 Assessed To Parcel 106106400033 SANCIHEZ LIVING TRUST 501 COUNTY ROAD 48 BERTHOUD, CO 80513,134 Legal Description PT SE4 6-4-68 LOT D REC EXEMPT RECX18-0017 SI[US Address 501 COUNTY ROAD 48 WELD Year Charges 2023 Tax Billed 56.018.70 Payments $0.00 Balance $6,018.70 Grand Total Due as of 03/22/2024 Tar Billed at 2023 Rates For Tax Area 5915 - 5915 Authority WELD COUNTY SCHOOL DIST 620-LOVELAND NORTFIERN COLORADO WATER (NC BERTHOUD FIRE PROTECTION DI HIGH PLAINS LIBRARY Tapes Billed 2023 SENIOR Net Taxes Billed For 2023 * Credit Levy' Mill Levy 12.0240000* 42.7600000* 1,0000000 Amount $ 1.074,02 $3,819.47 $89.32 13,8680000 $1.238.73 3.1960000 $285,48 72.8480000 $6,507.02 ($488.32) $6.018.70 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND FARM/RANCH RESIDENCE -IMPS OTHER BLOGS.- AGRICULTURAL $644.152 $6,018.70 Actual Assessed $127,788 $33.740 $85 $20 $43,160 $60;953 $16.090 Total $832,978 $93,010 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS, PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH, Weld County Treasurer's Office 1400 N 17t0 Avenue PO Box 458 Greeley, CO 80632 Phone' 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. -I Signed: i Date: 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 4788807 Pages: 1 of 2 00 Carly Kappa., Clerk and Ruaardi , Wild Cumin .s CO 1111 !Falaii4tliaa3/41.10iEgiatit IV'Web 11111 Warranty Deed RECORDING REQUESTED BY GRANTEE And GRANTEE ADDRESS Anthony L. Sanchez, Trustee Lori K. Sanchez, Trustee Sanchez Living Trust 501 County Road 48 Berthoud, CO 80513 WHEN RECORDED, RETURN TO: STONE LAW, LLC. 430 E. 6`" Street Loveland, CO 80537 SPACE ABOVE FOR RECORDER'S USE 501 County Road 48, Berthoud, CO 80513 For no consideration, ANTHONY L. SANCHEZ and LORI K. SANCHEZ do hereby grant, bargain, sell, convey and confirm to the SANCHEZ LIVING TRUST, dated July 13, 2021, all of their interest in and to the following described real property in the County of Weld, State of Colorado: SEE ATTACHED EXHIBIT A TOGETHER WITH all water and ditch rights appurtenant thereto INCLUDING THE OIL, GAS, AND OTHER MINERALS IN AND UNDER, AND THAT MAY BE PRODUCED ON SAID REAL PROPERTY. EXEMPT FROM DOCUMENTARY FEE PURSUANT TO C.R.S. 39-13-102(2)(A); CONSIDERATION LESS THAN $500 The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the gra -e its hei inst all d every person or persons lawfully claiming the whole July 13, 2021 Date STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was acknowledged before inc on July 13, 2021 by Anthony L. Sanchez and Lori K. Sanchez K OXe, ,311144 - Notary Public CHRISTINA R MCATEER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054032288 MY COMMISSION EXPIRES SEPTEMBER 12. 2024 tommission expiration - 4755907 Paola: 2 of 2 08/14/2021 11.28 AM R Fee.$18.08 D Foe:$0.08 Carly Koppel, Clerk end Recorder, Weld County CO 11111rdIffitigiftlif EXHIBIT A Parcel 1: Lot B, Recorded Exemption No. RECX 16-0061 being situate in the NE1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado Parcel 2: Lot A of Recorded Exemption No. RECX 18-0017 being a portion of SE1/4 /4 of Section 6, Township 4 North, Range 68 West of the 615 P.M., County of Weld, State of Colorado Parcel 3: Lot B of Recorded Exemption No. RECX 18-0017 being a portion of SE1/4 /4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado Parcel 4: Lot D of Recorded Exemption No. RECX 18-0017 being a portion of SE '/a of Section 6, Township 4 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado C.,t7F9 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Anthony L. and Lori K. Sanchez RECX18-0017 Planner: Angela Snyder Legal Description: Lot R68W D of of Recorded the 6th P.M., Exemption Weld County, RE -4705, CO being a part of the SE4 of Section 6, T4N, Parcel ID #: 1061-06-4-00-023 Lot A Size: +/- 2.5 acres . Lot C Size: +/- 2.5 acres Lot B Size: +/- 2.5 acres Lot D Size: +/- 146 acres Water Source: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed LTWD Tap LTWD LTWD LTWD #3858 Tap Tap Tap Sewer System: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Septic #SP Septic Septic Septic -100084 Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any new building requiring water and sewer. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2 Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. RECX18-0017 Page 1 of 5 3. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the Big Thompson Conservation District as stated in the referral response dated 2/21/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall attempt to address the requirements (concerns) of the Berthoud Fire District, as stated in the referral response dated 2/21/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services C. Lots A, B and C shall comply with the one (1) acre net minimum lot size required by Section 24- 8-40.L of the Weld County Code. Net acreage calculations should not include future road right- of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1061-06-04 RECX18-0017 B. A 30 -foot -wide joint access and utility easement extending across Lot D from County Road 43, for the benefit of Lots A, B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. County Road 3 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of- way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. D. County Road 48 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of- way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. RECX18-0017 Page 2 of 5 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 8) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 9) The property owner shall control noxious weeds on the site. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 12) Prior to the release of building permits on Lot A, Lot B and Lot C, the applicant shall submit evidence to the Department of Planning Services that Lot has an adequate water supply of sufficient quality, quantity and dependability. 13) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. RECX18-0017 Page 3 of 5 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 15) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 16) Potential Purchasers are hereby notified that power lines (115kV) are permitted by SUP -332 and are located on the proposed Recorded Exemption lots. 17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. RECX18-0017 Page 4 of 5 Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maDs@co.weld.co.us. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: 3/20/2018 Angela Snyder, Planner I RECX18-0017 Page 5 of 5 Hello